Regarding inspection of the documents
Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
Dear experts
If in the plaint there are no documents attached except some basic document like address proof etc., before filing the counter can the opposite party ask the honorable court to order the petitioner to bring the relevant document on record based on which the plaint has been written. Does opposite party has right to inspect those documents before submission of the counter? Please guide me.
Regards
Devajyoti Barman
(Expert) 05 December 2011
Where is the need?
If the plaintiff has failed to mention any such document , he would suffer at the time of trial by not getting opportunity to bring the same in record.
Querist :
Anonymous
(Querist) 05 December 2011
Thanks Barman sir,
Please let me also know how to stop the petitioner from later on filing new documents after I have filed my counter.
Shonee Kapoor
(Expert) 06 December 2011
what documents?
mentioned in the plaint or not?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 06 December 2011
Dear Shonee ji and other experts
Thanks for your replies. Shonee sir asked a question and here is my reply, as best as I can give under the circumstances.
Legal Fighter
(Expert) 06 December 2011
Order 7 Rule 14 of CPC debars the plaintiff from production of documents after filing of plaint. If the other party try to file those documents at later stage, you can move an application under Order 7 Rule 14 of CPC objecting the same and stating that the documents were already in possession of the plaintiff at the time of filing the case.
Also whenever any document is filed in court, a copy of the same is definitely given to the opposite party.
Querist :
Anonymous
(Querist) 06 December 2011
Thank you legal fighter. Thanks for clarifying...
Querist :
Anonymous
(Querist) 06 December 2011
@ Legal fighter, taking lead from you I browsed and came across this informative judgement. I am posting it in case someone may need it...
http://www.indiankanoon.org/doc/1008021/
Querist :
Anonymous
(Querist) 06 December 2011
After going through the judgement mentioned above, I am
Querist :
Anonymous
(Querist) 06 December 2011
and here is another judgement which clearly spells out amended order 7 rule 14( amended in 2002) and which may be very helpful for people fighting their own cases or consulting with their advocates.
http://www.ghconline.nic.in/Judgment/CRP3012010.pdf
Shonee Kapoor
(Expert) 06 December 2011
Wonderful judgements. Thanks for the find.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 06 December 2011
Quite informative!
Querist :
Anonymous
(Querist) 06 December 2011
Thank you Shonee ji and PS Dhigra ji. Can you please tell me how to use these judgement? Should I place an application for barring any document which is not produced at the time of filing the plaint or should I submit an application to the court with a request to ask the plaintiff to bring on record all the documents on which his pleadings are based before I write the counter? Please guide me....
